Why Two Recent Victories for Trans Healthcare Are So Important

In late September, two federal judges (one in Wisconsin and one in Minnesota) ruled in favor of trans people seeking medical coverage under the Affordable Care Act (ACA). The two victories are a welcome sign for the trans community, who may have to rely on states for coverage if the Trump Administration makes good on its threat to rescind an Obama-era rule that interprets a section of the ACA as providing coverage to trans people.

In Wisconsin, a federal judge sided with two transgender workers who challenged the state’s ban on coverage for gender-affirming care. And in Minnesota, a federal judge sided with a woman who sued her employer, Essentia Health, for refusing to provide coverage for her son’s gender transition. The rulings came down on September 20 and 21, respectively.

Both cases involved medical services related to gender transition (meaning surgeries and medications). At the heart of the issue is Section 1557, the nondiscrimination portion of the ACA that prohibits discrimination “on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.”

Contention over trans healthcare stems from the interpretation of Section 1557 that trans people are covered under the “sex” portion of the provision. Opponents of this interpretation, however, often rely on the argument that their freedom of religion is violated by being made to provide care and coverage to trans people. But that argument isn’t limited to gender-affirming surgeries. It could also extend to not providing care to trans people, LGBTQ+ people, and women at all.

Last year, the ACLU got involved in Franciscan Alliance v. Burwell, a religiously-motivated suit in Texas that argued healthcare providers should be able to not only turn away trans people seeking medical care, but also people seeking reproductive care.

“This lawsuit aims to undermine critical protections against discrimination in health care. No one — whether they’re male or female, transgender or not — should fear being turned away at the hospital door because of who they are,” said Louise Melling, deputy legal director at the ACLU. “Religious liberty does not mean the right to discriminate or harm others.”

Trans people face an uncertain future under the Trump Administration, which has proven time and again that it is willing to make the community a target, as seen in the attempted ban on transgender service in the military. Federal rollbacks of trans rights will put the onus on states to ensure discrimination isn’t taking place, which can also make for a grim picture depending on where one lives. That means victories like the ones in Wisconsin and Minnesota are more crucial than ever.

them, a next-generation community platform, chronicles and celebrates the stories, people and voices that are emerging and inspiring all of us, ranging in topics from pop culture and style to politics and news, all through the lens of today’s LGBTQ community.